PIP, DLA and AA
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court costs

pollyanna1052pollyanna1052 Member Posts: 1,998 Disability Gamechanger
Just wondering.....who pays the court costs when  PIP case goes to tribunal?

If the case is unsuccessful, does the claimant pay it?

If it is successful, does DWP pay it? If so, is this why they sometimes offer a claimant an award BEFORE it goes to tribunal after it has been set?

Replies

  • zakbloodzakblood Member Posts: 419 Pioneering
    it's free, the Government pays either way win or lose, and if you win, it's backdated from when you started, so win win to go tbh, lose makes no difference, just less money and more stress
  • pollyanna1052pollyanna1052 Member Posts: 1,998 Disability Gamechanger
    Thanks...it occurred to me after reading a new post from someone in that situation.


  • MisscleoMisscleo Member Posts: 646 Pioneering
    Hi what's criteria for get legal aid in 2019
  • JurphJurph Member Posts: 346 Pioneering
    It's effectively one government department (Ministry of Justice) paying the fees of another government department (Department of Work and Pensions).

    The MOJ have complained about this is as it comes out their budget. They're underfunded and understaffed - meaning many people wait well over a year for a tribunal date.


  • zakbloodzakblood Member Posts: 419 Pioneering
    mine is just under 6 months, and so far as other bodies haven't returned my papers or done there work, won't be ready by the 26th of November, and i've asked for it to be delayed, but as of yet after a week waiting, heard nothing as a reply, so seems the answer is no, but i'll go all the same and show them what i have, and also mention everyone who i am still waiting for, as i start a job in January, so careless now either way
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Misscleo said:
    Hi what's criteria for get legal aid in 2019
    You don't need legal aid for a Tribunal for a benefit claim.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    Hi @pollyanna1052, thanks for asking this. I've always found the topic interesting!
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    Scope

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  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    Misscleo said:
    Hi what's criteria for get legal aid in 2019
    As Poppy said, you don't need legal aid for a benefit appeal tribunal. However in case you were asking for something else, there is some information on the Gov site here: https://www.gov.uk/legal-aid/eligibility
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    Scope

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  • mikehughescqmikehughescq Member Posts: 5,938 Disability Gamechanger
    There are no court costs because a tribunal is not a court. You can get legal aid to prepare a tribunal but it’s not available for representation on the day. This is why many Citizens Advice no longer represent. 

    It is not accurate to say that the MOJ have complained about paying DWP costs. HMCTS is part of the MOJ and was set up explicitly to hear appeals of DWP decisions. At the very top end of this independence does get a little muddied because in fact DWP do fund tribunals in part albeit indirectly. However, if DWP were to fund tribunals directly then independence would be fatally compromised. It would be patently stupid of HMCTS to complain that they wanted finding from the very organisation people want to complain about. 
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